Texting while driving is illegal in Indiana. State law prohibits drivers from using mobile devices to type or read texts behind the wheel unless they use hands-free technology. Indiana classifies texting and driving as a primary offense, meaning police can pull over drivers they see texting without needing another reason for the stop. Violations can result in fines and, in some cases, more severe penalties.
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Why Did Indiana Pass the Hands-Free Law?
Indiana passed its hands-free law on July 1, 2020, to address distracted driving and make Hoosier roads safer. The law prohibits drivers from holding mobile devices while their vehicles are in motion, except in emergencies. This law came after Indiana’s 2011 texting ban was deemed unenforceable.
Indiana’s new distracted driving law creates a clear rule, making it easier for police to enforce and for drivers to follow. Governor Eric Holcomb made this law part of his 2020 legislative agenda, and the Indiana General Assembly passed it with strong bipartisan support.
What Does Indiana’s Hands-Free Law Cover?
Indiana’s hands-free law (Indiana Code 9-21-8-59) prohibits drivers from holding or using telecommunications devices, including devices such as smartphones and tablets, while their vehicles are moving. However, drivers can still use these devices with hands-free or voice-activated technology. The law also provides an exception for calling 911 in genuine emergencies.
The law states that police officers cannot take drivers’ phones without consent to check if they violated the hands-free law. They also cannot keep phones as evidence or access phone data without valid search warrants or probable cause that the phone was involved in a crime.
What Are Some Statistics Regarding Texting and Driving Accidents in Indiana?
Even with the hands-free law in place, texting and driving accidents are still a concern in Indiana. In just one year after the law was passed, the Indiana Criminal Justice Institute (CJI) reports that police issued over 5,000 citations and 10,000 warnings for drivers holding phones.
Accidents involving distracted drivers also remain a persistent problem. Over three recent years since passing the Indiana texting and driving law, the state saw over 1,500 crashes caused by using cell phones and other electronic devices – a number that is steadily rising.
Studies show that texting while driving increases the risk of a crash. Drivers who use their phones are two to six times more likely to crash than those who don’t. On average, texting drivers take their eyes off the road for five seconds at a time. At 55 miles per hour, this is like driving the length of a football field without looking.
What Happens If I Am Caught Texting and Driving?
Texting and driving is a Class C infraction in Indiana, punishable by fines of up to $500. Violations can also result in losing points on your driver’s license, which could affect your driving record and insurance rates.
Contact an Indiana Car Accident Lawyer
If you’ve been hurt in an accident caused by a driver who was texting, Truitt Law Offices can help. With over 40 years of experience, we have recovered millions for accident victims. Our team offers a free initial consultation to discuss your case and explain your options. Find out why our clients call us their “trusted source in Fort Wayne.” Contact us today to see how our Indiana car accident lawyers can help you pursue the compensation you deserve for your recovery.
